Commonwealth Numbered Acts

ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1977 No. 59 of 1977 - SECT 6

6. (1) Where a person has engaged, is engaging, or proposes to engage, in
conduct for the purpose of making a decision to which this Act applies, a
person who is aggrieved by the conduct may apply to the Court for an order of
review in respect of the conduct on any one or more of the following grounds:-

   (a)  that a breach of the rules of natural justice has occurred, is
        occurring, or is likely to occur, in connexion with the conduct;

   (b)  that procedures that are required by law to be observed in respect of
        the conduct have not been, are not being, or are likely not to be,
        observed;

   (c)  that the person who has engaged, is engaging, or proposes to engage,
        in the conduct does not have jurisdiction to make the proposed
        decision;

   (d)  that the enactment in pursuance of which the decision is proposed to
        be made does not authorize the making of the proposed decision;

   (e)  that the making of the proposed decision would be an improper exercise
        of the power conferred by the enactment in pursuance of which the
        decision is proposed to be made;

   (f)  that an error of law has been, is being, or is likely to be, committed
        in the course of the conduct or is likely to be committed in the
        making of the proposed decision;

   (g)  that fraud has taken place, is taking place, or is likely to take
        place, in the course of the conduct;

   (h)  that there is no evidence or other material to justify the making of
        the proposed decision;

   (j)  that the making of the proposed decision would be otherwise contrary
        to law.

(2) The reference in paragraph (1) (e) to an improper exercise of a power
shall be construed as including a reference to-

   (a)  taking an irrelevant consideration into account in the exercise of a
        power;

   (b)  failing to take a relevant consideration into account in the exercise
        of a power;

   (c)  an exercise of a power for a purpose other than a purpose for which
        the power is conferred;

   (d)  an exercise of a discretionary power in bad faith;

   (e)  an exercise of a personal discretionary power at the direction or
        behest of another person;

   (f)  an exercise of a discretionary power in accordance with a rule or
        policy without regard to the merits of the particular case;

   (g)  an exercise of a power that is so unreasonable that no reasonable
        person could have so exercised the power;

   (h)  an exercise of a power in such a way that the result of the exercise
        of the power is uncertain; and

   (j)  any other exercise of a power in a way that constitutes abuse of the
        power.

(3) The ground specified in paragraph (1) (h) shall not be taken to be made
out unless-

   (a)  the person who proposes to make the decision is required by law to
        reach that decision only if a particular matter is established, and
        there is no evidence or other material (including facts of which he is
        entitled to take notice) from which he can reasonably be satisfied
        that the matter is established; or

   (b)  the person proposes to make the decision on the basis of the existence
        of a particular fact, and that fact does not exist.